Alimony and Spousal Maintenance in Jacksonville Florida

Jacksonville FL Alimony Lawyer – Family Law Attorney

One of the many details that needs to be addressed when a couple is going through a dissolution of marriage proceeding in the state of Florida is that of alimony. Alimony (which is called spousal  maintenance or spousal support in some states) is a payment from one former spouse to the other after the marriage has been dissolved; in legal parlance, the individual who is receiving the payment is sometimes referred to as the dependent spouse; the person making the payment is the supporting spouse.

Back when a preponderance of marriages were arranged in such a manner that the husband worked and the wife stayed home to care for the household and the children, alimony was seen as a payment from the husband to the wife. These days, however, those roles are not as distinct, though it is still much more common for the ex-husband to pay alimony than receive it. In some states, whether or not an alimony payment will be required hinges to some degree on the marital behavior of the couple involved. For example, there are states that preclude a former wife from receiving alimony if the divorce was granted due to the fault of adultery. Florida, on the other hand, is a no-fault divorce state, so the actions of the parties involved have no impact on any decisions that the court makes concerning alimony, or any other aspect of the divorce for that matter.

Alimony payments can be decided on privately by the parties involved, but if the court has to decide, it will take into account the financial need of the potential dependent spouse and the financial abilities of the individual being asked to pay alimony. Other factors that are taken into consideration include the length of the marriage, and age and physical condition of both people involved, the standard of living that was established during the betrothal, and the earning potential of the dependent spouse. Alimony can be either or supportive, which would usually consist of long term, regular payments, or rehabilitative, which would be temporary and intended to provide for the dependent spouse while he or she was preparing to reenter the workforce. It is worthwhile to note that alimony orders can be modified when a substantial change of circumstances exists.

If you have any question about alimony or spousal maintenance, contact a qualified Jacksonville FL divorce lawyer for a free consultation.